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2001

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Articles 31 - 60 of 4131

Full-Text Articles in Law

Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy Dec 2001

Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

Law Faculty Scholarly Articles

Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia ...


10th Biennial Judge Joe Lee Bankruptcy, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Dec 2001

10th Biennial Judge Joe Lee Bankruptcy, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 10th Biennial Judge Joe Lee Bankruptcy Institute held December 2001.


The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence Dec 2001

The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence

California Assembly

No abstract provided.


Throwing Good Money After Bad? Board Connections And Conflicts In Bank Lending, Philip E. Strahan, Randall S. Kroszner Dec 2001

Throwing Good Money After Bad? Board Connections And Conflicts In Bank Lending, Philip E. Strahan, Randall S. Kroszner

Coase-Sandor Working Paper Series in Law and Economics

This paper investigates the frequency of connections between banks and non-financial firms through board linkages and whether those connections affect lending and borrowing behavior. Although a board linkages may reduce the costs of information flows between the lender and borrower, a board linkage may generate pressure for special treatment of a borrower not normally justifiable on economic grounds. To address this issue, we first document that banks are heavily involved in the corporate governance network through frequent board linkages. Banks tend to have larger boards with a higher proportion of outside directors than non- financial firms, and bank officer-directors tend ...


The Future Of Campaign Finance Reform Laws In The Courts And In Congress, Elizabeth Garrett Dec 2001

The Future Of Campaign Finance Reform Laws In The Courts And In Congress, Elizabeth Garrett

Public Law and Legal Theory Working Papers

No abstract provided.


David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler Dec 2001

David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler

LLM Theses and Essays

The OECD or Organization for Economic Cooperation and Development has produced a report titled Harmful Tax Competition An Emerging Global Issue. The report is the single largest threat to the offshore finance industry. Further, the sweeping recommendations made by the report would at worst potentially discourage foreign investment in some of the more established offshore financial centers. This thesis represents an analytical view of the report and further gives some highlights to the anomalies found in the tax regimes of the major industrialized countries. It is clear that the actions of the OECD does create in effect a tax cartel ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Foreign Direct Investment In Colombia, Juliana Gomez Dec 2001

Foreign Direct Investment In Colombia, Juliana Gomez

LLM Theses and Essays

After decisions 220/88 and 291/91 of the Andean Pact, Colombia enacted law 9 of 1991. Law 9/91 empowered the National Economic and Social Policy Council (COMPES), a private government consulting agency, to promulgate rules on foreign investment. In the same year, the COMPES promulgated resolution 51 which is the base of the foreign investment regulation in Colombia. The purpose of this study is to analyze the legal aspects of foreign investment of Colombia and compare them with the international standards in order to determine whether the Colombian regulation acts in accordance to those standards or even exceeds ...


Modernization Of European Community Competition Law, Alejandro Leon-Vargas Dec 2001

Modernization Of European Community Competition Law, Alejandro Leon-Vargas

LLM Theses and Essays

The modernization of EC Competition Law is discussed as a necessity on the European Union. Its counterpart, the U.S. Antitrust Law system followed a different evolution. The legislation, institutions and procedures remark the differences among these advanced systems of market control. The role of the EC Commission, national authorities and national courts of Member States will determine the elements to change. Its American counterpart, the Antitrust Division, the Federal Trade Commission, and the federal courts, developed the most effective and dynamic pathways for antitrust enforcing. The analysis of both frameworks must consider several factors, other that legal factors. The ...


Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman Dec 2001

Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman

LLM Theses and Essays

This thesis considers the corporate legal systems of Israel and Delaware as they address the subject of corporate distributions to shareholders. The thesis reviews the significance of cash dividends and the acquisition by corporations of their own stock, in the management and survival of corporations, the effect they have on the disposition of creditors, and the extent to which they are restricted by operation of law. The thesis demonstrates how dividends and share repurchases may translate into a transfer of value from creditors to shareholders. It considers the effectiveness of the legal capital in securing creditors’ interest, and concludes that ...


Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan Dec 2001

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan

Law Faculty Scholarly Articles

Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA ...


Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia Dec 2001

Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia

LLM Theses and Essays

For several decades, the number of multinational corporations has significantly increased and this phenomenon has created a new problem: the issue of transfer pricing. Indeed, national states have observed that multinationals could simply manipulate cross- border transfer pricing policies in order to shift profits from one jurisdiction to another. France, along with the United States, was one of the very first countries to introduce transfer-pricing legislations. Although the aims of the French and U.S. transfer pricing systems are similar, the means used to apply such rules are different and often raise difficulties to get rid of double taxations. Nevertheless ...


Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans Dec 2001

Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans

Cornell Law Faculty Publications

It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic ...


From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander Dec 2001

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander

Research Collection School Of Law

In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.


Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen Dec 2001

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the ...


Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Dec 2001

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.


Introduction To "Books", Margaret A. Leary Dec 2001

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that ...


Recent Tax Developments In Virginia: September, 2000-2001, William L.S. Rowe Nov 2001

Recent Tax Developments In Virginia: September, 2000-2001, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Current Developments In Multistate Taxation, John Galloway, D. French Slaughter Iii Nov 2001

Current Developments In Multistate Taxation, John Galloway, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Representing The Failing Company Where The Irs Is "Knocking On The Door", Craig D. Bell, T. Keith Fogg, George C. Gretes, Nina E. Olson Nov 2001

Representing The Failing Company Where The Irs Is "Knocking On The Door", Craig D. Bell, T. Keith Fogg, George C. Gretes, Nina E. Olson

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For Real Estate Developers, Charles H. Egerton Nov 2001

Tax Planning For Real Estate Developers, Charles H. Egerton

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For Real Estate Ownership, Stefan F. Tucker Nov 2001

Tax Planning For Real Estate Ownership, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


The Like Kind Exchange: A Current Review, Stefan F. Tucker Nov 2001

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


International Red Cross Must Include Israel, Kenneth Lasson Nov 2001

International Red Cross Must Include Israel, Kenneth Lasson

All Faculty Scholarship

Israel's corresponding relief agency, the Mogen David Adom, has provided emergency services to countries all over the world since 1939, and it meets or surpasses every other standard for IFRC membership. Yet Israel remains the only nation left out of the 178- country federation. Why?

An IFRC spokesman says that it is "governments, not the federation, that give emblems the protective force of international law," and that "governments" are preparing to adopt an additional emblem, with no religious or national connotations, to stand alongside the Red Cross and the Red Crescent, one that Israel could adopt as its own ...


The Weekly November 26, 2001, North Carolina Central School Of Law Nov 2001

The Weekly November 26, 2001, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.


Vol. 21, No. 14 (November 26, 2001) Nov 2001

Vol. 21, No. 14 (November 26, 2001)

Indiana Law Annotated

No abstract provided.


Vol. 21, No. 13 (November 19, 2001) Nov 2001

Vol. 21, No. 13 (November 19, 2001)

Indiana Law Annotated

No abstract provided.


Informational Hearing On The Response To Recent Terrorist Attacks, Assembly Committee On Revenue And Taxation Nov 2001

Informational Hearing On The Response To Recent Terrorist Attacks, Assembly Committee On Revenue And Taxation

California Assembly

No abstract provided.


Vol. 52, No. 5, November 13, 2001, University Of Michigan Law School Nov 2001

Vol. 52, No. 5, November 13, 2001, University Of Michigan Law School

Res Gestae

•What's in a Name? •The Rant •Wide World of Workshops •Form and Substance in Law Journal Publication •The Insider •Point Shmoint •New CDs •Fore! •The Island: More Tempting Than Ever


Written Testimony Of Professor Ralph Ruebner On Proposed Antiterrorism Legislation Styled As Amendment To House Bill 2299, Illinois 92nd General Assembly (November 12, 2001), Ralph Ruebner Nov 2001

Written Testimony Of Professor Ralph Ruebner On Proposed Antiterrorism Legislation Styled As Amendment To House Bill 2299, Illinois 92nd General Assembly (November 12, 2001), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.